These Terms and Conditions ("Terms") govern your access to and use of the website located at this domain and the "Website Audit Pro" service (together, the "Service") operated by Zehan Chen, a sole proprietor based in British Columbia, Canada, doing business as Auditly ("we", "us", or "our"). By purchasing, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Who you are contracting with
You are entering into this agreement with Zehan Chen (operating as Auditly). You confirm that you are at least the age of majority in your jurisdiction, and, if you are entering into these Terms on behalf of an organization, that you have authority to bind that organization.
2. The Service
Auditly provides a one-time website audit covering search engine optimization, performance, accessibility, conversion factors, and related criteria, delivered as a prioritized written report. The Service is delivered electronically, typically within 24 hours of purchase. Each purchase covers one website.
3. Acceptable use
You agree not to:
- use the Service for any unlawful, fraudulent, deceptive, or harmful purpose;
- submit URLs you do not own or do not have permission to audit;
- infringe the intellectual property rights of any person;
- attempt to interfere with, probe, scan, scrape, reverse engineer, disrupt, or compromise the security of the Service, or transmit any malicious code; or
- resell, redistribute, or sublicense the Service or the audit report.
4. Intellectual property
All software, content, branding, methodology, checklists, and documentation that make up the Service are owned by Zehan Chen and protected under Canadian and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the audit report you purchase for your internal business purposes. You retain ownership of any information you submit to us.
5. Payment, billing, taxes and refunds
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. Payment terms, billing, applicable taxes (including any GST/HST/PST), invoicing, and chargebacks are governed by Paddle's Buyer Terms. Refunds are handled in accordance with our Refund Policy.
6. Service level and warranties
We work hard to deliver high-quality, timely audits, but the Service is provided "as is" and "as available". We do not warrant that the Service will be uninterrupted, error-free, or that the audit will produce any particular business outcome. To the fullest extent permitted by applicable law, we disclaim all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
7. Limitation of liability
To the fullest extent permitted by applicable law, our total aggregate liability arising out of or relating to the Service is limited to the amount you paid us for the Service in the twelve (12) months preceding the event giving rise to the claim. We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, or goodwill. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including under the British Columbia Business Practices and Consumer Protection Act.
8. Indemnity
You agree to indemnify and hold harmless Zehan Chen from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your misuse of the Service, your breach of these Terms, or your violation of any law or third-party right.
9. Suspension and termination
We may suspend or terminate your access to the Service if you materially breach these Terms, fail to pay amounts due, pose a security or fraud risk, or repeatedly violate our policies. You may stop using the Service at any time. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnity, and governing law) will survive.
10. Changes to these Terms
We may update these Terms from time to time. Updates take effect when posted on this page, and the "Last updated" date will reflect the change. Your continued use of the Service after the update constitutes acceptance of the revised Terms.
11. Governing law and dispute resolution
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The courts located in Vancouver, British Columbia have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, subject to any non-waivable consumer rights you have under the laws of your province of residence.
12. Contact
Questions about these Terms? Contact us at stefan@stefanchen.com.